2236                                    LAWS OF MARYLAND                                 Ch. 545

(b)  Any person who desires to use his property in a
manner prohibited by an airport zoning regulation adopted
under this subtitle may apply to the Board for a variance
from the regulation.

(c)  On application for a variance, the Board shall act
as a fact finding body and, among other things, shall
consider AND FORMALLY RESPOND TO ANY TESTIMONY OR EVIDENCE
PRESENTED REGARDING:

(1)  The rules, regulations, restrictions,
guides, and standards set forth in this subtitle and in the
airport zoning regulations that the Administration adopts;

(2)  The existing or proposed height, width, and
use of the structure or tree or other vegetation for which
the variance is requested;

(3)  Whether the structure or tree or other
vegetation will create or become an airport hazard; [and]

(4) Whether issuance of the permit will result
in endangering the public health, safety, security, or
order; AND

(5) THE IMPACT OF THE PROPOSED VARIANCE UPON THE
SURROUNDING COMMUNITY.

(d)  The Board may condition any variance so as to
require the owner of the land or structure to which the
variance applies to install, operate, and maintain at his
expense the markers and lights necessary to indicate to
aircraft the presence of an airport hazard.

5-815.

(a)  Subject to the provisions of this subtitle, the
board of appeals [may] SHALL grant specific variances
from noise zone regulations adopted under this part, if the
design of a proposed structure or the repair, replacement,
or change of a structure or use of land provides for sound
insulation adequate to insure that interior noise levels
resulting from airport operations will not exceed those
levels that would occur if the structure or land use were
outside of the noise zone.

(b)  Any person who desires to use his property in a
manner prohibited by a noise zone regulation adopted under
this part may apply to the board for a variance from the
regulation.

(c)  The board may condition any variance so as to
require the owner of any structure or land use to which the
variance applies to construct the proposed structure or to
repair, replace, or change the structure or use of land at
his expense in a way that meets the requirements of
subsection (a) of this section.